PHELI Vs. STATE

JUDGEMENT

(1.) This is an appeal by Pheli against his conviction under Section 304 of the Indian Penal Code by the Additional Sessions Judge, Gangapur city.

(2.) The facts which have been found by the Court below and which in our opinion have been proved by the evidence of the prosecution witnesses are these :

(3.) The appellant Pheli had taken some land from Amolakh P. W. 4. On the 5th of May 1950 the appellant was at his field which is near the well of Amolakh. The deseased Hukma was also there. The cattle of Hukma had trespassed into the field of Pheli and thereupon there was an exchange of abuses between them. This took place at the well of Amolakh and while the exchange of abuses was going on Hukma gave a lathi blow on the person of Pheli. Pheli happened to have a sword with him and struck Hukma with the sword in return. The first blow was stopped by Hukma on his lathi and then Pheli gave a second blow on the left leg of Hukma with the Result that Hukma fell down injured. There after Pheli did not give any other blow to Hukma and went away. Hukma died in the hospital on the 6th of May, 1950 and it is said that this was the result of the injury which had been caused by Pheli on his left leg on the previous day.